Students with disabilities are more likely to face disciplinary action. Inadequate support and a lack of understanding about how disabilities can affect a student's behavior are just two of the reasons why students with disabilities are more likely to be punished.
Students with behavioral issues can be incorrectly labeled as bad, difficult, or stupid. They may not be given a chance to succeed in school because of a lack of support. The problem is significant enough that the U.S. Department of Education released guidance on how to discipline students with disabilities.
If you or your student is facing disciplinary issues that relate to a disability, the Education Law Team at the Lento Law Firm can help. We understand the challenges that students with disabilities face. All students deserve the right to an education and the opportunities it provides. Call us at 888-535-3686 or fill out an online form.
Understanding Disabilities and Discipline
Most of the data about the relationship between students with disabilities and discipline comes from the K-12 years. K-12 schools have more reporting requirements than colleges and universities.
During one school year, students with disabilities accounted for 25 percent of school suspensions and 23 percent of expulsions. They made up only 13 percent of the overall student body.
The majority of college and graduate students with disabilities are unlikely to inform their school of their disability. Without knowing a student has a disability, it can be more difficult to track their progress through school.
What is known is that students with disabilities are more likely to be disciplined than their nondisabled peers. School staff may not have the training or knowledge to understand how a student's disability can affect their behavior or misconduct.
Connecticut K-12 Schools
All children have the right to a K-12 education. For students with disabilities, this includes access to special education services. Students are eligible for special education services under two federal laws, Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973.
The majority of students with disabilities will qualify under IDEA, even though the law uses a narrower definition of eligible disabilities. Public schools must identify and assess any child who has a potential disability. This includes babies and toddlers who are too young to attend school and children who don't attend public school.
Once students are found eligible under IDEA, their parents or guardians will meet with school staff to craft an Individualized Education Plans (IEP). These written documents list what services and support a child will receive as part of their education. Parents can request that an IEP include recommended disciplinary action in case of student misbehavior. Once agreed upon, these documents are legally binding.
For students who don't qualify under IDEA, they may qualify for a 504 Plan under Section 504. While 504 Plans don't have to be in writing, families should still request that there be a written version to decrease miscommunication.
When a child with disabilities is alleged to have misbehaved while in school, schools may need to schedule a manifestation determination meeting.
Manifestation Determination
In some disciplinary actions, schools must consider whether a student's disability played a role in their misconduct. Known as manifestation determination, this process occurs in certain disciplinary cases and can affect a student's placement and support.
Manifestation determination doesn't occur in every disciplinary case. These meetings must be conducted when:
- A student is suspended or removed from their current placement for more than ten consecutive days
- A student has been suspended or removed from their current education placement for more than ten days during the current school years
The purpose of these meetings is to determine whether:
- A student's disability related to their misconduct
- A student's misconduct was the result of a school failing to implement the student's special education services
If a student's behavior is not found to relate to their disability, any disciplinary action should be similar to what a nondisabled student would receive. Families can appeal a school district's decision on manifestation determination.
If a student's behavior is found to be related to their disability, the next question is whether the behavior is related to failing to implement agreed-upon special education services. In this situation, a school must take steps to implement these services.
In other cases, a school should initiate a functional behavioral assessment (FBA). An FBA will then be used to create a Behavioral intervention plan (BIP).
3FPAs and BIPs
The purpose of FPAs and BIPs is to identify the root causes of a student's behavioral issues and put a plan in place to help support positive behavior. Schools may initiate an FPA at any point and not just when a student has had disciplinary issues.
A FPA is an assessment that seeks to gather information on a student's behavior. This is different than an assessment to determine a student's eligibility for receiving special education services. During an FPA, a variety of data should be assembled, such as school records and teacher interviews.
Once the FPA is complete, the information gathered should be used to create a BIP. A BIP is similar to an IEP in that it lists the services and support a student receives. The difference is that a BIP focuses on a student's behavior. BIPs shouldn't be punitive but should instead seek positive ways to improve and support a student's behavior and conduct.
Exceptions
Certain types of misconduct will result in punishment regardless of a student's disability. A student may be placed in an interim alternative education setting (IAES) when:
- They bring or possess a gun or other weapon on school grounds or at a school activity
- They knowingly possess, use, sell, or solicit illegal drugs while on school grounds or at a school event
- They inflict serious bodily injury on another person when on school grounds at a school activity
A student must still receive necessary services during their time in an IAES. In addition, a hearing officer may place a student in an IAES when a current placement is substantially likely to result in injury to that student or other members of the school community.
Seclusion and Restraint
Seclusion and restraint refer to disciplinary procedures used to address student behavior. Students with disabilities are more likely than their nondisabled peers to be subjected to these practices.
Seclusion refers to putting a student in a room from which they cannot leave. This practice is different from time-outs or in-school suspensions. It is also different from providing a student with disabilities with a quiet space as part of their IEP or 504 Plan. Seclusion is a form of discipline and isn't a voluntary placement.
An exclusionary time-out, in comparison, involves temporarily removing a student from an activity or classroom. A student is placed in an unlocked area and is under supervision. The purpose of a time-out is to allow a student to calm or otherwise de-escalate a student's behavior.
Restraint refers to limiting a student's movement. This usually refers to physical or mechanical limitations on a student's movement. It does not refer to medical devices or briefly holding a student to help them calm.
Limitations
Since 2018, Connecticut has limited the use of seclusion and restraint to emergency situations when it's necessary to prevent immediate or imminent injury to either the student or other people. Neither should be used for discipline or in place of a less restrictive alternative. IEPs cannot include either seclusion or restraint as a “planned intervention” as part of an IEP.
Any restraint that could be considered life-threatening is banned at all times. Students who are restrained must be constantly monitored. Students who are in seclusion must be frequently monitored.
If a student is restrained or secluded for longer than 15 minutes, a school administrator, a health or mental health staff member, or a board-certified behavioral analyst must decide if restraint or seclusion is still necessary. If the restraint or seclusion continues, one of the above individuals must reevaluate whether the student still presents an imminent or immediate danger every 30 minutes.
While Connecticut does have reporting and notification requirements, schools aren't required to schedule a meeting after every use of seclusion or restraint. Schools must inform parents within 24 hours of using seclusion or restraint but are only required to schedule a meeting after the fourth use of either practice within 20 school days.
A Common Practice
During the 2019-2020 school year, Connecticut schools reported thousands of uses of seclusion and restraint. Many students were subjected to seclusion or restraint more than once, with 50 subjected to seclusion or restraint more than 100 times during a single school year.
Schools reported over 19,000 incidents involving emergency restraints with approximately 2,700 students. Seclusion was used over 14,000 times with approximately 1,900 students.
Over a nine-year period, which includes school years before the current laws, 3,200 students were injured during seclusion of restraint. Seventy-five of these students required medical attention beyond basic first aid.
Outside groups, as well as the federal government, believe that school districts are underreporting the numbers on seclusion and restraint. Eighty percent of students who are subjected to seclusion or restraint have disabilities, and second graders are most likely to be subjected to either practice.
Exclusionary Time-Outs
As for exclusionary time-outs, all school districts must have a policy in place about exclusionary time-outs. While school districts may add other requirements, all policies must include:
- A prohibition on using exclusionary time-outs as discipline
- A requirement that at least one school staff member be with or available to the student throughout the time-out
- Guidelines on the space used, which must be:
- Clean
- Safe
- Sanitary
- Appropriate to help calm or de-escalate a student's behavior
- The time period must be no longer than necessary
For students who either have disabilities or are awaiting a determination, if current strategies and interventions to address the student's behavior are unsuccessful, the school must schedule a meeting to address alternative strategies and interventions.
Unsafe Schools
Advocates of seclusion and restraint believe that the practices are necessary for school safety. Educators and child health experts have, however, stated that the practices can create mental and emotional problems for students and may increase the likelihood of behavioral issues. Students may also receive physical injuries from these practices.
Students subjected to seclusion or restraint may no longer feel safe attending school. They may act out at home. For students with disabilities, these practices may make it more difficult for them to reach their IEP goals.
If your student has been subjected to seclusion or restraint, the Education Law Team at the Lento Law Firm can help. All students have the right to a K-12 education, and no student should fear going to school.
Connecticut Colleges and Universities
Colleges and universities must provide accommodations and services to students with disabilities. What they no longer have to do is identify and assess students with potential disabilities. IDEA no longer applies, and students will rely on the Americans with Disabilities Act (ADA) and Section 504 for accommodations and to prohibit discrimination.
Students now bear the responsibility for any assessment and for requesting accommodations. Schools set their policies for documentation and the request process. Schools may have specific documentation requirements for certain disabilities. Connecticut College lists its general steps for registering and requesting accommodations as well as specific steps for ADHD and learning disabilities.
Self Advocates
For students with existing disabilities, adapting to college life includes no longer having an IEP. They may have to reapply for accommodations every semester or every year rather than accommodations carrying over to a new school year. They're now responsible for paying for any new evaluations or assessments.
For students who suspect they may have a disability, they now bear the full cost of any assessments or evaluations to determine if they have a disability. They may have to work with medical professionals or therapists to determine the accommodations or services they require before they contact their university's disability services office.
It's, therefore not surprising that the majority of undergraduate and graduate students with disabilities don't request accommodations. Even for students who request accommodations, some feel that schools provide the bare minimum.
Pay-As-You-Go Accommodations
Some colleges also offer for-fee services beyond those that are required by law. UCONN's Beyond Access program provides support and services beyond what's required by law. During the 2023-2024 school year, the program started at $1800 per semester.
Undergraduate and graduate students may not be receiving the accommodations and services they need to succeed in school. If and when they're facing allegations of misconduct or Title IX violations, if they haven't informed their school about their disability previously, they may be unable to get accommodations during the disciplinary process.
Even if students have requested accommodations, they should keep in mind that, beyond assisting with accommodations during the disciplinary process, disability services staff aren't advocates for students facing discipline. Students should assume disability services staff are on their side because they provide accommodations.
When facing disciplinary action as an undergraduate or graduate, students don't have to go it alone. They can and should have someone assist them with the process. The Education Law Team at the Lento Law Firm works with college students nationwide.
Support Your Education
Lack of support can derail a student's education. This is especially true for students with disabilities. A disability doesn't mean a student can't succeed in school. It simply means they learn differently.
Unfortunately, misconceptions about disabilities mean that students with disabilities are more likely to be disciplined. Instead of receiving the support they need, they're punished and sometimes denied educational opportunities.
If you or your student is facing disability-related discipline, contact the Education Law Team at the Lento Law Firm. We work with students and families throughout Connecticut to protect their right to an education. Call us at 888-535-3686 or fill out an online form.
